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Home My WebLink Aboutcoa.lu.cu.521 N 7th St Unit A.A69-92' a CASELOAD SUMMARY SHEET City of Aspen 0 DATE RECEIVED: 8/11/92 PARCEL ID AND CASE NO. DATE COMPLETE: 8/11/92 2735 -121 18 -001 A69 -92 STAFF MEMBER: KJ PROJECT NAME: Cunningham Conditional Use Review for an ADU Project Address: 521 N 7th Street, Unit A Legal Address: LBH Association Condominiums, Unit A APPLICANT: Mac Cunningham Applicant Address: 121 South Galena St Suite 201, Aspen REPRESENTATIVE: Rob Weien Code Analysis and Design Representative Address /Phone: 709 W. Main Street Aspen CO 81611 925 -2571 FEES: PLANNING $ # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ N/C TYPE OF APPLICATION: STAFF APPROVAL:_ 1 STEP: X 2 STEP:_ P &Z Meeting Date 9/8/92 CC Meeting Date DRC Meeting Date None REFERRALS: City Attorney City Engineer X Housing Dir. Aspen Water City Electric Envir.Hlth. X Zoning School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other _Env. Health FILE STATUS AND LOCATION: C 4 n X PUBLIC HEARING: YES NO City Atty _ City Engineer Zoning Housing _ Open Space _ other: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center � s�; �""�� DATE REFERRED: �3 Z INITIALS: DUE: 8/26/92 FINAL ROUTING: DATE ROUTED: Tel a INITIAL I ' i L =C V6= GRIYTICI - 0 + '. I'.. 1.07ri C- x = -F. LLL%K✓ Ff:OF�T V� - I I I, h:P`c1.1, LOLJ�.OI� �� Irk I G,000 SQ. FT. .. .. S TT 1 . r 'MOH�M6/•T r A-1 UP rr vV -- � � •'� I 111 i' w - g i 3 I I I Li. FUTol2 U0IT �I I I I. `r I ' a rvrr� cs. ki y : s O -'1 • 54.1 - I I �'"- 1 „ � • .gIA•2"e � � I� � Cqq f y I fuzes wiF1I '.0 ti . \ � It �yy '�� e .LUIU �� A n II N • 1. � J �• I S r. r I RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A DUPLEX LOCATED AT 521 N. 7TH STREET (UNIT A OF THE LBH ASSOCIATION CONDOMINIUMS, LOTS G,H AND I, BLOCK 8, TOWNSITE OF ASPEN) IN THE NAME OF MAC CUNNINGHAM. Resolution No. 92 -17 WHEREAS, pursuant to Section 5 -510 of the Aspen Land Use Regulations bandit dwelling units may be legalized as accessory dwelling units in conformance with the requirements of said Section; and WHEREAS, Conditional Use approval must be granted by the Planning and Zoning Commission for accessory dwelling units; and WHEREAS, the Planning Office received an.application from Mac Cunningham for a Conditional Use review to legitimize an existing attached accessory dwelling unit within his half of duplex at 521 N. 7th Street; and WHEREAS, the Planning Office has determined that the 525 net livable square foot accessory dwelling unit is above grade for purposes of Floor Area Ratio bonus calculations for Unit A; and WHEREAS, the Housing Office and the Planning Office reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on September 8, 1992 the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use review for the Cunningham accessory dwelling unit, amending the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Cunningham Conditional Use for a 525 s.f. net livable, above -grade accessory dwelling unit is approved with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen / Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for Unit A, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. Prior to the issuance of any building permits for Unit A, access F1 to the ADU shall be changed to give direct access into the unit rather than through the common laundry area. 4. Any building permits issued for Unit A shall require conformance with the Uniform Building Code requirements for sound attenuation between the ADU and the principal dwelling. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on September 8, 1992. Attes Jan ney, eputy C y Clerk Planning and Zon Jasmine Tygre, Chait 2 2s' MEMORANDUM c� TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Cunningham Conditional Use for an Attached Accessory Dwelling Unit DATE: September 8, 1992 ---------------------------------------------------------------- SUMMARY: Staff recommends approval of Conditional Use to imize a 525' s.f. garden level accessoiy FW61ling - d41t f""a,, . e with conditions. APPLICANT: Mac Cunningham, represented by Rob Weien .LLOOC"ATION: Unit A of the LBH Association Condominiums, '3 "N,. 7th +4€a" (Lots G,H, and I, Townsite of Aspen) ZONING: _R -6 APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to legalize an existing garden level one - bedroom accessory dwelling unit. Net area of the unit is 525 s.f. (revised from 591 s.f. to exclude common storage area). Please see Attachment "A" for floorplans and building elevations. REFERRAL COMMENTS: Cindy Christensen from the Housing Office forwarded a memo stating that the accessory unit meets minimum net livable area. The required deed restriction for resident occupancy must be approved by the Housing Office and recorded at the County Clerk prior to issuance of any building permits. (Attachment "B ") STAFF COMMENTS: The applicant is seeking official City approval to retain the apartment, which s existing within Unit ice the" 49plex's construction in 1944. the applicant will be eligible for' floor area bonus as it has been determined by staff that this unit is functionally above grade (all windows are standard sizes and heights above the interior floor levels). The accessory dwelling unit will be deed restricted to resident occupancy. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7 -304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: As a resident - occupied deed restricted unit, this apartment will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit has been and will not be visible from the outside. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The existing unit is completely contained within Unit A. arking space is not required•by code for a one bedroom accessory unit. The property is non- coiforming for parking} with four spaces identified on the site plan for six bedrooms within the duplex (not counting the ADU) . Currently the occupants of the duplex park along the shoulder of Seventh St. and off of the alley along the south side of the lot. As the accessory unit has existed for years without apparent parking problems, Planning staff believes a parking space should not be required. Exterior accesses for the unit is through a stairway on the north side of the house which enters a common laundry area. Internal access is by a locked -off stairway through the laundry area. ' °,4Wlicdnt;has indicated that in the near future, he intends to move the exterior `door several feet to the west so that it enters the apartment directly rather than through the laundry area..* This will create more livable space inside the unit by eliminating some walls and awkward traffic flows. Planning and Zoning staff made a site visit and agree that this would be a helpful improvement. No other significant impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. � u� 1� Z w ul W F- IALLA14�OC CCS coma38ION SONING p r ]1YPA0{IED r. . OLDTION CCU CCJ' Q� C� CCzCC�C -�� CCCC�CCLC= OOQ Mfg f N CCCC00 DOD t7WEET D 5TREET C C HCf KI N5 ,:: I CC H � 0 Q,2 �- PLANNI:�S ZONING COMMISSION EXHIBIT H A " , APPROVED 19 BY RESOLUTION MEMORANDUM TO: FROM: DATE: RE: Kim Johnson Cindy Christensen August 21, 1992 CUNNINGHAM CONDITIONAL DWELLING UNIT USE REVIEW FOR AN ACCESSORY After reviewing the above - referenced application, the Housing Office approves the proposed attached accessory dwelling unit pursuant to Chapter 24, Section 5 -510, of the City of Aspen Municipal Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Liveable Square Footage is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions including, but not limited to, habitable basements and Interior storage areas, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. Per the applicant's calculations, the accessory dwelling unit is to be 591 net liveable square feet, which meets the minimum Housing Office guidelines. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. A copy of said deed restriction has been attached for the applicant's use. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. \word \work \cunn.ref CODE ANALYSIS AND DESIGN 709 WEST MAIN STREET ASPEN, CO 8161 (303) 925 -2571 TO: City of Aspen Planning and Zoning Commission FROM: Mr. J. Robert Weien Code Analysis and Design 709 West Main Street Aspen, CO 81611 REPRESENTING: Mr. Mac Cunningham 521 North Street g1 1 17 s7'' Aspen, CO 81611 DATE SUBMITTED: Aug 11, 1992 CONDITIONAL USE APPLICATION CUNNINGHAM EMPLOYEE DWELLING UNIT ATTACHMENT 2 MINIMUM SUBMISSION CONTENTS 1) Representative authorization- see attached 2) Street Address - 521 North Street, Unit A Lots G, H, I; Block 8, City of Aspen 3) Ownership- see attached 4) Vicinity map- see attached 5) The proposal - To legitimize an existing one bedroom, 525 sf employee - occupied dwelling unit located at the ground level of unit A, "Hibberd House" duplex, corner North Seventh and North Streets per the guidelines of Ordinance No. 47 (Series of 1988). The unit area is within the confines of the 300 sf to 700 sf limits set by Sec. 5 -510 and is presently, and has been previously, occupied by an employee of Aspen/ Pitkin County. Although not required by the ordinance, parking is available on -site, south of the unit, off the alley side of the parcel. As shown on plan view sheet A -3, a separate entrance is provided to the unit at the North elevation. This use is consistent with the surrounding residential use of the neighborhood. The unit is located cunn p/z 08/10 pg.2 generally above grade and meets the life- safety requirements of the locally adopted building code. ATTACHMENT 3 SPECIFIC SUBMISSON CONTENTS A. Sketch plan- see attached site plan and plan view sheet A -3 B. Not applicable ATTACHMENT 4 CONDITIONAL USE REVIEW STANDARDS A. The legitimization of the existing employee dwelling unit is consistent with the goals and objectives of the Aspen Area Comprehensive Plan as amended by the enabling ordinance (Ordinance No. 47 -88) and is in harmony with the residential nature of the R -6 zone in which it is located. B. The legitimization of the existing employee dwelling unit is both consistent and compatible with the surrounding residential nature of the neighborhood. C. There will be no visual impacts associated with the legitimization of the employee dwelling unit. Off- street parking, although not required, is available off the alley to the South. No adverse impacts on the surrounding residential community are anticipated. The present sizing of the unit at 525 sf puts it midway between the required area parameters. D. Adequate public facilities are presently available to the unit and no increase in requirements are anticipated. E. Not applicable F. The employee unit presently complies with all requirements of the enabling ordinance as to floor area, access, quality of life and life- safety concerns. �e pe ully s bmitted, J: We �r We a Coate Analysis and Design CITY OF ASPEN PRE- APPLICATION CONFERENCE SUMMARY PROJECT APPLICA] 7 /rp i REPRESENTATIVE'S PHONE: �s OWNER'S NAME: SUMMARY 1. Type of Application: 2. Describe action /type of development being requested: _D, )K1 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: P &Z On (CC Only) (P &Z then to CC) 5. Public Hearing: YE (NO) 6. Number of copies of the application to be submitted:: 7. What fee was applicant requested to submit: bo w 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: frm.pre_ app lu-znau�c7rr z - AND USE APMCATION FOPM 1) Proj ect Name � r E � 2) Project Location dal �U�� !�. T '� � r to 3) 5) 6) (indicate street addiess; lot &I block amber, regal descr where / appropriate) present Zoning - R— k .4) Loot Size Applicant's Name, Address & Pt"-,e $ M MA C ` :k �Nh)��,ylTH 5av wop, �, cc) Representative's Name, Address & Fbone z `l Cf M A N sT 1 ;I61I ► 7) Type of Application (please check all that apply)_ Conditional Use conceptual SPA Corral Historic Dev_ Special Review Final SPA Final Historic Dev- 8040 Greenline Conceptual PUD Minor Historic Dev- Stream Margin Final PUD Historic Demolition Mountain View Plane _ Subdivision ' Historic Designation mini TexVMap AtmntDett QQS Allotment Lot SPlit/Lot L ine — GK�S motion. Adjust 8) Description of F,ci sti r g Uses ' (amber and type of existirr3 stri cb ses; apprmo to sq- ft -; :umber of bedccx=s: any previous approvals granted to the Property) - �Rbs ECT FX1 f�rS 1 /7 'OF A occ ► � P l'G1� � G3 j� k , � �9 - 9) Description of Development Application ' 1 1 �1 1 M N�- �E C �Li DEW N 0 ORD '11 4 SI�Zl ES O P 10) Have you attached the followirrP. Respcg-L to Attactmia& 2, Minim SLAD +isS iOn Contents Rise to Attactment 3, Specific Submission Contents Rise to Attadment 4, Review Standards for Your Appli-cation C O M M I T M E N T SClmmULE A Thanas A. Melberg 100 E. lbod n, Suite 102 Aspen, 00 81611 1. Effective Date: February 26, 1992 at 7:00 AM PL /jP 2. ALTA Owner's Policy Proposed Insured: I. NC A. CUNNINaIAM 3. ALTA Loan Policies Proposed Insured Amotmt: $ 382,000.00 A�xt: S 332, 000.00 lhnount: $ 4. The estate or interest in the land described or referred to in this Commitment and conveyed herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: issued by: Owner's Premium: $ 1,052.00 Aspen Title Corporation Lender's Premium: $ 50.00 600 E. dbpkins Avenue, #102 Add'1 Lender Chg: $ Aspen, 00 81611 Add'l ( $ (fax) 303 - 920 -4052 Tax Certificate: $ 10.00 920 -4050 (Deriver) 595 -8463 Endorsement Chg: $ TBD Charges: $ TOTAL CHARGES: $ 1,112.00 FIRST AMERICAN TITLE INSURANCE COMPANY C O M M I T M E N T Plat id No. 13/63 SCIULULE A (contimied) Order No. 401925 -C 5. The land referred to in the Cacmitment is covering the land in the State of Colorado, County of Pitkin , described as follows: Unit A, LBH ASSOCIATION CONDOMINIUMS, according to the Map thereof filed for record June 18, 1982, in Plat Book 13 at Page 63 and according to the Condaninium Declaratim recorded July 22, 1982, in Book 429 at Page 680. FIRST AMERICAN TITLE INSURANCE COMPANY f CUI INGHAM INVESTMENT CC 'NC. SUITE 201 121 SOUTH GALENA STREET ASPEN, COLORADO 81611 (303) 925 -8803 August 6, 1992 To Who It May Concern: This letter is to confirm that Rob Weien, 709 West Main Street, Aspen, Colorado, (303) 925 -2571 is authorized to act in my behalf concerning the application for the "Cunningham ADU Unit" located at 521 North Seventh Street, #A, Aspen, Colorado. Sincerely A cACunningham IMC /an \weien \80692 RESPONSE: Legalizing this unit will provide housing for local employees. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed-on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Section 8 -104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends approval of Conditional Use for the existing garden level accessory dwelling unit for the Cunningham residence (Unit A, LBH Association Condominium) with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen / Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for Unit A, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a 525 s.f. garden level accessory dwelling unit within the Cunningham residence at Unit A, 521 North 7th Street with the three conditions recommended in the Planning Office memo dated 9/8/92." Attachments: " A " - Site Plan, Floorplans, and Elevations "B" - Housing Office Referral Comments " cunningham.apu. memo . / Gad �� e G� � ✓f G�E�Cu�C2..v� -" X1 /��1A/41 1111AA .µ I n % �jG �n- uncrna -,.�n � Sa�.�..�t� � Y?A qtu r^a PUBLIC NOTICE RE: CUNNINGHAM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 8, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, Pitkin County Library Meeting Room, Basement Level, 120 North Mill Street, Aspen to consider an application submitted by Mac Cunningham, 521 North Seventh Street, Aspen, CO requesting approval of a Conditional Use Review for a 525 square foot employee dwelling unit located on the ground level of unit A, Hibberd House duplex on the corner of North Seventh and North Streets, Lots G, H & I, Block 8, City of Aspen. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /Jasmine Tvare Chairman Planning and Zoning Commission